Water Main Easement with Kimball Properties, LP for Qdoba Grill (Overland)ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 F
BOISE IDAHO 09110107 12:23 PM
DEPUTY Vicki Allen I) I IIIIII IIIII II I IIII II II II II I II II III
RECORDED-REQUEST OF 1 ~~ 1 ~~598
City of Meridian
WATER MAIN EASEMENT
• / u0
THIS INDENTURE, made this ~ ~ day of ~, 20 U7 between ~ ~ ~ ~ ~.F ~ ~~^4~~'~- CS ,the parties of
the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of
the second part, and hereinafter called the Grantee;
WITNESSETH:
WHEREAS, the Grantors desire to provide a water main right-of--way across the premises and
property hereinafter particularly bounded and described; and
WHEREAS, the water main is to be provided for through an underground pipeline to be constructed
by others; and
WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from
time to time by the Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good
and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee theright-
of-way for an easement for the construction, operation, maintenance, repair, replacement of a water
main over and across the following described property:
(SEE ATTACHED EXHIBIT A and B)
The easement hereby granted is for the purpose of construction and operation of a water line and their
allied facilities, together with their maintenance, additional connection thereto, repair and replacement
at the convenience of the Grantee, with the free right of access to such facilities at any and all times.
TO HAVE AND TO HOLD, the said easement andright-of--way unto the said Grantee, it's successors
and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after
construction, making repairs, performing other maintenance or making subsequent connection to the
water line, Grantee shall restore the area of the easement and adj acent property to that existent prior to
undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for
repairing, replacing or restoring anything placed within the area described in this easement that was
placed there in violation of this easement.
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any
permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this
easement, which would interfere with the use of said easement, for the purposes stated herein.
THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-
way and easement hereby granted shall become part of, or lie within the boundaries of any public
street, then, to such extent, such right-of--way and easement hereby granted which lies within such
boundary thereof or which is a part thereof, shall cease and become null and void and of no further
effect and shall be completely relinquished.
Water Main Easement EASMT WTR
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THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of
the aforementioned and described tract of land, and that they have a good and lawful right to convey
said easement, and that they will warrant and forever defend the title and quiet possession thereof
against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures
the day and year first herein above written.
GRANTOR:
-l~reside~ fah- e.~-
vi Q.
~es~ett~~
STATE OF IDAHO )
County of Ada )
On this day of °`'w,~ , 20_, before me, the undersigned, a Notary Public in
and for said State, personally appeared and
known or identified.to me to be the President and Secretary, respectively, of the
corporation that executed the within in°strument, and acknowledged to me that such corporation
executed the same.
IN WITNESS WHEREOF, I have hereunto set my fiend and affixed my official seal the day and year
fist above written.
(SEAL) NOTARY PUBLIC F(}~ IDAHO
Residing at
Commission Expires:
Water Main Easement EASMT WTB~`~'"-
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State of Idaho )
ss.
County of Ada )
On this 21st day of August, 2007, before me, the undersigned, a Notary Public in and for said State,
personally appeared Winston H. Moore, known. or identified to me to be a partner of Kimball Properties
Limited Partnership, a partnership, and he duly acknowledged to me that he executed the within
instrument on behalf of said partnership and that said partnership executed t e same.
~~~NNUUIN/~~~ Notary Public f r Idaho
~`\`\~~~~.~~EL.•GIBS~~,~~~~ Residing at
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Attest by William G.
Approved By City Council On:
STATE OF IDAHO,
. ss.
County of Ada )
On this ~ ~ day of _ ~L~~-j~;~-;S~f- , 20b~before me, the undersigned, a
Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG,
JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who
executed the within instrument, and acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first
above written.
......
(SEAL) : ~' ~ ~;
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Water Main Easement
NOTARY PUBLIC FOR IDAHO
Residing at: `'~. ~ (-~~ (/~~ ~_, ~ c ~'
Commission Expires: 1,~~- /,~-( j
EASMT WTR ~ ` ~
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GRANTEE: CITY OF MERIDIAN
August 20, 2007
Page 1 of 2
~~
^^ Quadrant
Consulting, Inc.
EXHIBIT "A"
WATER MAIN EASEMENT ACROSS PORTION OF LOT 5, BLOCK 1,
DORADO SUBDIVISION
An easement for the construction and maintenance of a water main across a portion of
Lot 5, Block 1, Dorado Subdivision, Book 95 of Plats at pages 11647-11648, recorded as
Instrument Number 106076875, Ada County records, situated in the Section 17,
Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho,
said easement being more particularly described as follows:
Commencing at the Southeast comer of said Section 17, thence along the South line of
oa~a Qe..ti...- C.__d_ nnn ~ i...... ~-- . _ _ _ _ _
00°00'00" West 54.50 feet to Southeast corner of said Lot 5; thence continuing North
00°00'00" West 194.94 feet along Easterly boundary line of said Lot 5; thence leaving
said Easterly boundary line North 90°00'00" West 19.35 feet to a point on the existing
City of Meridian sanitary sewer and water easement line, recorded as Instrument number
106042307, said point being the POINT OF BEGINNING; thence
South 59°57'56" West 22.13 feet; thence,
North 90°00'00" West 41.06 feet; thence,
North 00°00'00" East 17.18 feet to said City of Meridian sanitary sewer and water
easement; thence, along said easement the following two courses,
South 90°00'00" East 60.22 feet; thence
South 00°00'00" West 6.10 feet to the POINT OF BEGINNING.
Said easement contains 928 square feet or 0.02 acres more or less.
1904 W. Overland Boise. ID 83705 • Phone (208) 342-0091 Fax (208) 342-0092 Email: quadrantQquadrant.cc
Civil Engineering • Surveying Construction Management
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Meridian City Council
August 28, 2007
Page 3 of 48
I. Findings of Fact and Conclusions of Law for Approval: VAR
07-014 Request for a Variance to UDC 11-3D-7a to exceed the 4
square foot area maximum for a public service information sign to
allow a 19 square foot LED reader board sign for Meridian
Elementary School by Meridian Elementary School - 48 West
State Street:
J. Findings of Fact and Conclusions of Law for Denial: AP 07-
005 Request for City Council Review of an Appeal of the Director's
Determination to deny a request for a sign permit for Primerica
Si n by Todd Mendel - 1640 West Cherry Lane, Suite 100 (Lot 2,
Block 1 of Cherry Lane Crossing Subdivision):
K. Development Agreement: AZ 06-061 Request for Annexation
and Zoning of 95.57 acres from RUT to R-8, R-15 and R-40 zones
for Baraya Subdivision by RMR Consulting, Inc - 3935 West
Franklin Road and 280 South Black Cat Road:
L. Resolution No. Platform for
Strengthening Families and Improving Outcomes for Children
and Youth:
M. Water Main Easement Agreement for Qdoba Grill (Eagle Road)
by Blue Marlin Investments:
N. Water Main Easement Agreement for Qdoba Grill (Overland
Road by Kimball Properties:
O. Approve Contract for Black Cat Phase 4 Project Authorization
for Additional Services No. 1 with JUB Engineers, Inc. for
$4,730.00:
P. ~ Approve Contract for Black Cat Phase 4 Project Authorization
for Additional Services No. 2 with JUB Engineers, Inc. for
$80,830.00:
Q. Approve Reduction in Street Setback for Crossfield
Subdivision to ten foot street setback to living area, measure
from back of sidewalk and Summary of Action for recording
and documentation of this approval:
De Weerd: Item 5, the Consent Agenda.
Bird: Madam Mayor?
s
r
Meridian City Council
August 28, 2007
Page 4 of 48
De Weerd: Mr. Bird.
Bird: The Consent Agenda, item -- like I said, Item L is a resolution number 07-576 and
with that I move we approve the Consent Agenda as published and for the Mayor to
sign and the Clerk to attest on all papers.
Rountree: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda. If there is
no discussion, Mr. Berg, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 6: Department Reports:
A. Mayor's Office:
1. Parks and Recreation Commission Appointment:
De Weerd: Thank you. Item 6 under Department Reports we are doing some clean-
ups on a couple of different commissions. We did have a resignation off our parks
commission and we will be filling that with your confirmation with Jon Cecil. This term
would expire in October of 2009. Mr. Cecil is what -- served on our Meridian
Development Corporation. He's been a very active participant and commenter -- he
commented on our pathways plan. He's got two young sons that he has avery -- a
vested interest in our parks system and its future functionality, et cetera. So, I think
most of you are familiar with John and I would appreciate confirmation of this
appointment. Any questions?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Is Jon still on MDC?
De Weerd: No. His term expired.
Rountree: Okay.
Zaremba: Madam Mayor?